Flemington NJ Lewdness Lawyer
Lewdness is an offense that arises in Somerset County much more often than you might anticipate. Although indecent exposure represents the largest segment of these cases, individuals are arrested for lewdness in an array of settings. It is not unusual for someone to be charged with violating N.J.S.A. 2C:14-4 (“Lewdness”) based on, for example, having sex in a car or in another area open to the public like a department store dressing room. Irrespective of the circumstance of your case, our team of seasoned former prosecutors and experienced defense attorneys knows how to secure a favorable outcome on your behalf. The Law Office of The Law Offices of Jonathan F. Marshall has one of the largest criminal teams in the state and represents individuals facing this offense throughout Somerset and Hunterdon County including those arrested in Bridgewater, Somerville, Flemington, Readington and Manville. Call us at 908-722-1011 for an immediate free consultation with a lawyer on our staff.
Charged With A Disorderly Persons Offense For Lewdness
A large block of charges involving lewd conduct are misdemeanor criminal offenses. You will know that you are charged with this variety of 2C:14-4 because the complaint or summons will state that you are facing a “disorderly persons offense.” An individual commits this violation when they engage in a “flagrantly lewd and offensive act which the defendant knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.” The most common form of lewd conduct is exposing a penis or other private parts in public for purposes of sexual gratification (e.g. rubbing the genitals or masturbating). In terms of the technical requirements of the law, the prosecutor must establish, beyond reasonable doubt that: (1) the accused engaged in a flagrantly lewd and offensive act; (2) it was observed by a nonconsenting third party; and (3) the actor knew or reasonably should have known that the conduct would affront or alarm the observer. If you are convicted of this grade of lewdness in Franklin Municipal Court or another town, you face the possibility of a $1,000 fine and up to six (6) months in the county jail. You will also be left with the stigma of having a criminal record for lewdness.
Fourth Degree Lewdness Offense
A more serious variety of N.J.S.A. 2C:14-4 offense is fourth degree lewdness. This type of charge is a felony. In order for lewd conduct to escalate to a fourth degree crime it must be observed or reasonably likely to be observed by someone who is under thirteen (13) and at least four (4) years younger than the accused, or where the victim suffers from a mental disease or defect that renders them unable to understand the sexual nature of the conduct. The following are the more precise elements that must be proven by the state:
- The defendant exposed his or her genitals or intimate parts;
- For the purpose of arousing or gratifying his/her sexual desire or that of another person; and
- When they knew or reasonably should have expected their conduct would be observed by a person less than thirteen (13) years old or someone with a mental disease or defect that made them unable to appreciate the sexual nature of the conduct.
Conviction for this indictable crime at the Somerset County Superior Court or Hunterdon County Superior Court results in significant penalties. You may be fined up to $15,000 and sent to state prison for as much as eighteen (18) months.
Somerville Lewdness Defense Attorneys
Lewd conduct charges can cause serious problems because of the perceived perverse nature of the violation. Employers and others who a faced with evaluating your character often look very unfavorably on this offense. This is one of many reasons why you have to do your best to avoid being found guilty. Our defense attorneys can provide invaluable assistance in this regard whether your case is pending at the Superior Court or in the municipal court of Hillsborough, Raritan Township, North Plainfield, Bound Brook or Warren. A lawyer in our Bridgewater New Jersey Law Office is available around the clock for free consultation at 908-722-1011. Call us for the experienced guidance you absolutely need.